Sei sulla pagina 1di 9

Novicorp WinToFlash (x86)

END-USER LICENSE AGREEMENT FOR NOVICORP


SOFTWARE

IMPORTANT-READ CAREFULLY: This End-User


License Agreement ('EULA') is a legal
agreement between you (either an individual
or a single entity) and Novicorp
or one of its affiliates ('Novicorp') for
the Novicorp software that accompanies this
EULA, which includes computer software and
may include associated media, printed
materials, 'online' or electronic
documentation, and Internet-based services
('Software'). An amendment or addendum to
this EULA may accompany the Software.

YOU AGREE TO BE BOUND BY THE TERMS OF THIS


EULA BY INSTALLING, COPYING, OR OTHERWISE
USING THE SOFTWARE. IF YOU DO NOT AGREE, DO
NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU
MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A
FULL REFUND, IF APPLICABLE.

1. GRANT OF LICENSE. Novicorp grants you


the following rights provided that you comply
with all terms and conditions of this EULA:

1.1 Installation and use. You may install,


use, access, display and run one copy of the
Software on a single computer, such as a
workstation, terminal or other device
('Workstation Computer').

1.2 Mandatory Activation. Activation


associates the use of the Software with a
specific Workstation Computer. During
activation, the Software will send
information about the Software and the
Workstation Computer to Novicorp. This
information includes the version, language
and product key of the Software, the Internet
protocol address of the Workstation Computer,
and information derived from the hardware
configuration of the Workstation Computer.
By using the Software, you
consent to the transmission of
this information.

1.3 Validation. The Software may check


periodically whether a properly licensed copy
of the Software is installed. Validation may
be required for certain Novicorp software to
be downloaded, installed or used.
If the software detects that a properly
licensed copy of the Software is not
installed, you will receive a notification
and periodic reminders to install a properly
licensed copy of the Software. During or
after a validation check, the Software may
send information about the Software, the
device and the results of the validation
check to Novicorp. This information includes,
for example, the version and product key of
the Software, any unauthorized changes made
to the validation, licensing or activation
functions of the Software, any related
malicious or unauthorized software found and
the Internet protocol address of the device.
Novicorp does not use the information to
identify or contact you. By using the
Software, you consent to the transmission of
this information.

2. INTERNET-BASED SERVICES. Novicorp


provides Internet-based services with the
Software. It may change or cancel them at any
time.

2.1 Consent for Internet-Based Services.


The software features described below in
section 2.2 and in the Privacy Statement
connect to Novicorp or service provider
computer systems over the Internet. In some
cases, you will not receive a separate notice
when they connect. You may switch off these
features or not use them. By using these
features, you consent to the transmission of
this information. Novicorp does not use the
information to identify or contact you.

2.2 Computer Information. The following


features use Internet protocols, which send
to the appropriate systems computer
information, such as your Internet protocol
address, the type of operating system,
browser and name and version of the software
you are using, and the language code of the
Workstation Computer where you installed the
software. Novicorp uses this information to
make the Internet-based services available to
you.

Novicorp Update. To enable the proper


functioning of the Update service in
the Software (if you use it), updates or
downloads to the Update service will
be required from time to time and downloaded
and installed without further notice to you.

Web Content Features. Under the Software's


default configuration, if you are connected
to the Internet, several features of the
Software are enabled by default to retrieve
content from Novicorp computer systems and
display it to you. When you activate such a
feature, it uses standard Internet protocols,
which transmit the type of operating system,
browser and language code of your Workstation
Computer to the Novicorp computer system so
that the content can be viewed properly from
your Workstation Computer. These features
only operate when you activate them, and you
may choose to switch them off or not use them.

2.3 Use of Information. Novicorp may use


the computer information to improve our
software and services. We may also share it
with others, such as hardware and software
vendors. They may use the information to
improve how their products run with Novicorp
software.

2.4 Misuse of Internet-based Services. You


may not use these services in any way that
could harm them or impair anyone else's use
of them. You may not use the services to try
to gain unauthorized access to any service,
data, account or network by any means.

3. RESERVATION OF RIGHTS AND OWNERSHIP.


Novicorp reserves all rights not expressly
granted to you in this EULA. The Software is
protected by copyright and other intellectual
property laws and treaties. Novicorp or its
suppliers own the title, copyright, and other
intellectual property rights in the Software.
The Software is licensed, not sold.

4. LIMITATIONS ON REVERSE ENGINEERING,


DECOMPILATION, AND DISASSEMBLY. You may not
reverse engineer, decompile, or disassemble
the Software, except and only to the extent
that such activity is expressly permitted by
applicable law notwithstanding this
limitation.

5. NO RENTAL/COMMERCIAL HOSTING. You may not


rent, lease, lend or provide commercial
hosting services with the Software.

6. LINKS TO THIRD PARTY SITES. You may link


to third party sites through the use of the
Software. The third party sites are not under
the control of Novicorp, and Novicorp is
not responsible for the contents of any third
party sites, any links contained in third
party sites, or any changes or updates to
third party sites. Novicorp is not
responsible for webcasting or any other form
of transmission received from any third party
sites. Novicorp is providing these links to
third party sites to you only as a
convenience, and the inclusion of any link
does not imply an endorsement by Novicorp of
the third party site.

7. ADDITIONAL SOFTWARE/SERVICES. This EULA


applies to updates, supplements, add-on
components, product support services, or
Internet-based services components, of the
Software that you may obtain from Novicorp
after the date you obtain your initial copy
of the Software, unless you accept updated
terms or another agreement governs. Novicorp
reserves the right to discontinue any
Internet-based services provided to you or
made available to you through the use of the
Software.

8. UPGRADES. To use Software identified as


an upgrade, you must first be licensed for
the software identified by Novicorp as
eligible for the upgrade. After upgrading,
you may no longer use the software that
formed the basis for your upgrade eligibility.

9. NOT FOR RESALE SOFTWARE. Software


identified as 'Not For Resale' or
'Engineering Release' or 'NFR,' may
not be sold or otherwise transferred for
value, or used for any purpose other than
demonstration, test or evaluation.

10. ACADEMIC EDITION SOFTWARE. To use


Software identified as 'Academic Edition' or
'AE,' you must be a 'Qualified Educational
User.' For qualification-related questions,
please contact the Novicorp Sales
Information Center or the Novicorp subsidiary
serving your country.

11. EXPORT RESTRICTIONS. You acknowledge


that the Software is subject to U.S. export
jurisdiction. You agree to comply with all
applicable international and national laws
that apply to the Software, including the U.S.
Export Administration Regulations, as well as
end-user, end-use, and destination
restrictions issued by U.S. and other
governments.

12. END USER PROOF OF LICENSE. If you


acquired the Software on a compact disc or
other media, a genuine Novicorp 'Proof of
License' label with a genuine copy of the
software identifies a licensed copy of the
Software. To be valid, the label must appear
on Novicorp software packaging. If you
receive the label separately, it is invalid.
You should keep the packaging that has the
label on it to prove that you are licensed to
use the Software.

13. SOFTWARE TRANSFER. Internal. You may


move the Software to a different Workstation
Computer. After the transfer, you must
completely remove the Software from the
former Workstation Computer. Transfer to
Third Party. The initial user of the Software
may make a one-time permanent transfer of
this EULA and Software to another end user,
provided the initial user retains no copies
of the Software. This transfer must include
the Software and the Proof of License label.
The transfer may not be an indirect transfer,
such as a consignment. Prior to the transfer,
the end user receiving the Software must
agree to all the EULA terms.

14. TERMINATION. Without prejudice to any


other rights, Novicorp may terminate this
EULA if you fail to comply with the terms and
conditions of this EULA. In such event, you
must destroy all copies of the Software and
all of its component parts.

15. NOTICE REGARDING SECURITY. To help


protect against breaches of security and
malicious software, periodically back up your
data and system information, use security
features such as firewalls, and install and
use security updates.

16. LIMITED WARRANTY FOR software.

Novicorp warrants that the Software will


perform substantially in accordance with the
accompanying materials for a period of ninety
(90) days from the date of receipt.

If an implied warranty or condition is


created by your state/jurisdiction and
federal or state/provincial law prohibits
disclaimer of it, you also have an implied
warranty or condition, BUT ONLY AS TO DEFECTS
DISCOVERED DURING THE PERIOD OF THIS LIMITED
WARRANTY (NINETY DAYS). AS TO ANY DEFECTS
DISCOVERED AFTER THE NINETY-DAY PERIOD, THERE
IS NO WARRANTY OR CONDITION OF ANY KIND. Some
states/jurisdictions do not allow limitations
on how long an implied warranty or condition
lasts, so the above limitation may not apply
to you.
Any supplements or updates to the Software,
including without limitation, any (if any)
service packs or hot fixes provided to you
after the expiration of the ninety day
Limited Warranty period are not covered by
any warranty or condition, express, implied
or statutory.

LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR


OTHER DAMAGES. Your exclusive remedy for any
breach of this Limited Warranty is as set
forth below. Except for any refund elected by
Novicorp, YOU ARE NOT ENTITLED TO ANY
DAMAGES, INCLUDING BUT NOT LIMITED TO
CONSEQUENTIAL DAMAGES, if the Software does
not meet Novicorp's Limited Warranty, and,
to the maximum extent allowed by applicable
law, even if any remedy fails of its
essential purpose. The terms of Section 17
('Exclusion of Incidental, Consequential and
Certain Other Damages') are also incorporated
into this Limited Warranty. Some
states/jurisdictions do not allow the
exclusion or limitation of incidental or
consequential damages, so the above
limitation or exclusion may not apply to you.
This Limited Warranty gives you specific
legal rights. You may have other rights which
vary from state/jurisdiction to
state/jurisdiction. YOUR EXCLUSIVE REMEDY.
Novicorp's and its suppliers' entire
liability and your exclusive remedy for any
breach of this Limited Warranty or for any
other breach of this EULA or for any other
liability relating to the Software shall be,
at Novicorp's option from time to time
exercised subject to applicable law, (a)
return of the amount paid (if any) for the
Software, or (b) repair or replacement of the
Software, that does not meet this Limited
Warranty and that is returned to Novicorp
with a copy of your receipt. You will receive
the remedy elected by Novicorp without
charge, except that you are responsible for
any expenses you may incur (e.g. cost of
shipping the Software to Novicorp). This
Limited Warranty is void if failure of the
Software has resulted from accident, abuse,
misapplication, abnormal use or a virus. Any
replacement Software will be warranted for
the remainder of the original warranty period
or thirty (30) days, whichever is longer, and
Novicorp will use commercially reasonable
efforts to provide your remedy within a
commercially reasonable time of your
compliance with Novicorp's warranty remedy
procedures.
17. DISCLAIMER OF WARRANTIES. The Limited
Warranty that appears above is the only
express warranty made to you and is provided
in lieu of any other express warranties or
similar obligations (if any) created by any
advertising, documentation, packaging, or
other communications. Except for the Limited
Warranty and to the maximum extent permitted
by applicable law, Novicorp and its
suppliers provide the Software and support
services (if any) AS IS AND WITH ALL FAULTS,
and hereby disclaim all other warranties and
conditions, whether express, implied or
statutory, including, but not limited to, any
(if any) implied warranties, duties or
conditions of merchantability, of fitness for
a particular purpose, of reliability or
availability, of accuracy or completeness of
responses, of results, of workmanlike effort,
of lack of viruses, and of lack of negligence,
all with regard to the Software, and the
provision of or failure to provide support or
other services, information, software, and
related content through the Software or
otherwise arising out of the use of the
Software. ALSO, THERE IS NO WARRANTY OR
CONDITION OF TITLE, QUIET ENJOYMENT, QUIET
POSSESSION, CORRESPONDENCE TO DESCRIPTION OR
NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.

18. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL


AND CERTAIN OTHER DAMAGES. To the maximum
extent permitted by applicable law, in no
event shall Novicorp or its suppliers be
liable for any special, incidental, punitive,
indirect, or consequential damages whatsoever
(including, but not limited to, damages for
loss of profits or confidential or other
information, for business interruption, for
personal injury, for loss of privacy, for
failure to meet any duty including of good
faith or of reasonable care, for negligence,
and for any other pecuniary or other loss
whatsoever) arising out of or in any way
related to the use of or inability to use the
SOFTWARE, the provision of or failure to
provide Support OR OTHER Services, informaton,
software, and related CONTENT through the
software or otherwise arising out of the use
of the software, or otherwise under or in
connection with any provision of this EULA,
even in the event of the fault, tort
(including negligence), misrepresentation,
strict liability, breach of contract or
breach of warranty of Novicorp or any
supplier, and even if Novicorp or any
supplier has been advised of the possibility
of such damages.

19. LIMITATION OF LIABILITY AND REMEDIES.


Notwithstanding any damages that you might
incur for any reason whatsoever (including,
without limitation, all damages referenced
herein and all direct or general damages in
contract or anything else), the entire
liability of Novicorp and any of its
suppliers under any provision of this EULA
and your exclusive remedy hereunder (except
for any remedy of repair or replacement
elected by Novicorp with respect to any
breach of the Limited Warranty) shall be
limited to the greater of the actual damages
you incur in reasonable reliance on the
Software up to the amount actually paid by
you for the Software or US$5.00. The
foregoing limitations, exclusions and
disclaimers (including all Sections)
shall apply to the maximum extent
permitted by applicable law, even if any
remedy fails its essential purpose.

20. APPLICABLE LAW. If you acquired this


Software in the United States, this EULA is
governed by the laws of the United States.
If you acquired this Software in any
other country, then local law may apply.

21. ENTIRE AGREEMENT; SEVERABILITY. This


EULA (including any addendum or amendment to
this EULA which is included with the
Software) is the entire agreement between you
and Novicorp relating to the Software and
the support services (if any) and they
supersede all prior or contemporaneous oral
or written communications, proposals and
representations with respect to the Software
or any other subject matter covered by this
EULA. To the extent the terms of any
Novicorp policies or programs for support
services conflict with the terms of this EULA,
the terms of this EULA shall control. If any
provision of this EULA is held to be void,
invalid, unenforceable or illegal, the other
provisions shall continue in full force and
effect.

Should you have any questions concerning


this EULA, or if you desire to contact
Novicorp for any reason, please use the
address information enclosed in this Software
to contact the Novicorp subsidiary serving
your country or visit Novicorp on the World
Wide Web at http://novicorp.com.